Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

arun   19 November 2013 at 12:55

Section 138

Dear Sirs,
This is my first query in this forum.I thank the experts taking the pains and time to answer the queries in this forum which helps laymen like us to come out of the fear for anything legal.

a brief of the issue: section 138 case against my company .The summons were served against the company , myself and one other director-2 who has resigned now.Being the sole rep of the company now, i have assumed the responsibilities for everything pertaining to the company .This case ,the cause of action is on 27/10/2008.The director-2 has resigned on 31-3-2013.
My queries as under:
1)The director-2 did not appear when the summon was issued.Now the court has issued NBW against him.How can i avoid this take exemption for the non-appearance of the resigned director-2.

2) This case was first filed on 29/11/2008 under case # xxxx/08 by the complainant.Then subsequently the case has been renewed under ref # bbbb/09.We got the first hearing in sep-2013.The complainant a ltd company did not approach for any discussion during this period.Does this situation come under any limitation act?

Thanks again in advance for the valuable suggestions that you may provide.